Newborn question: in limbo b/n IR1 petition and interview

[Clipper 0]

Hello,

I live in South Korea with my Korean wife. Her IR-1 visa petition has been approved, and we are scheduled to interview on July 11. The curveball - we have a baby due in late July. A Consular Report of Birth Abroad (CRBA) would be an option for us, but that requires both parents to be present, and I'll be leaving Korea on August 12 to start school in the US (I highly doubt my wife will be ready to come back up to Seoul with the baby before I leave).

Is our "best" option to have my wife interview on July 11, then head up to Seoul again from Gwangju once she and the baby are ready, file another I-130 petition with USCIS, wait for its approval... ...and then would my wife have to "re-interview" with the baby? (Drool will likely be the response to every query).

I'm just wondering the best way to handle this, so that my wife and baby can make as few trips to Seoul before finalizing all the documents and flying to the US.

Thank you!

[Alaska2012 462]

I do believe the best would be if your wife and baby could go with you and report the birth before you leave. I know you can feel like ####### after giving birth but your child needs that passport to travel with your wife. ( I had to travel to the embassy in my country very shortly after giving birth so i know it ain't fun, but it is well worth it in the long run).

You don't file another I-130, your child is a us citizen!

[Clipper 0]

Hi Alaska,

Thanks for the quick reply. Yes, ideally, we'll be able to go to the embassy together to report the birth. But I'm just planning for a worst case scenario. If we can't make it up together (e.g. if my wife or baby is hospitalized longer than usual), then that means we can't do the CRBA. But then if I don't file for another I-130, what options remain?

Also, does the baby need to be present at the reporting of the birth, or just proper paperwork/photos for the baby?

Thank you again!

[pushbrk 12,824]

You do not both have to go to file for the CRBA and apply for the US passport. Check the Embassy website for how to authorize your wife to do all that in your absense.

[Alaska2012 462]

Hi Alaska,

Thanks for the quick reply. Yes, ideally, we'll be able to go to the embassy together to report the birth. But I'm just planning for a worst case scenario. If we can't make it up together (e.g. if my wife or baby is hospitalized longer than usual), then that means we can't do the CRBA. But then if I don't file for another I-130, what options remain?

Also, does the baby need to be present at the reporting of the birth, or just proper paperwork/photos for the baby?

Thank you again!

The baby must be present!

Are you attending the interview with your wife? If so, talk to the people at the embassy when you are there and see what advice they give you.

[Alaska2012 462]

You do not both have to go to file for the CRBA and apply for the US passport. Check the Embassy website for how to authorize your wife to do all that in your absense.

I do believe South Korea is one of few countries where both must be present when filing for CRBA. On the embassy web page it says with bold letters that both parents and the child must be present. At other embassies it will give you info on how to go about it if only one parent can attend but no such info there...

[pushbrk 12,824]

I do believe South Korea is one of few countries where both must be present when filing for CRBA. On the embassy web page it says with bold letters that both parents and the child must be present. At other embassies it will give you info on how to go about it if only one parent can attend but no such info there...

Then I would verify that. If true, then a change in travel plans is in order.